Hi Jennifer - we can't leave you hanging here when you're looking to help us out with some great material !

I think it would be great to see an example of one of the processes that someone has been through. Fire and Rescue NSW in Australia I understand looked at the process for a supplier, and went not just from tracking the supplier through holding companies, but also looking at the materials and places of manufacture of the garments and fabric themselves.

It was a real eye opener for myself and many in the room at the meeting, and stories like this help open up our eyes to just how wide we need to look when thinking about slavery in the supply chain.

The elements you mention are components of a Commercial Management process. To gain a comprehensive overview, you may find the IACCM 2019 Benchmark Report helpful - it sets out the various activities associated with the contracting and commercial lifecycle.

If you would like to discuss how you might best approach building the Commercial function, I'd be delighted to arrange a call. You can contact me at tcummins@iaccm.com

Hi - at my workplace we are mainly dealing with FX related claims that are being submitted as force majeure. In these cases, they are (b) - in that did the party have an opportunity prior to the FM event occurring to reasonably speaking, manage and treat the risk.

• BT
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2020-04-29 14:33:13

Hi
! disclaimer - I don't know anything about Australian law !

but I don't see how option a) can be reasonable.

Risks can appear as time goes by due to changing circumstances and something that is not reasonably foreseeable at one point in time could well be later on.

• IACCM
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2020-05-05 07:35:51

My apologies for the delayed reply to your question.

In general, the clause is referring to an issue that you could reasonably have anticipated and therefore could have prepared for it in some way. That means not only before inception of the contract, but also during its performance.

Even in a case where Force Majeure applies, there is a duty to take reasonable measures to mitigate its effects.

In the case of the pandemic, there are many debates over whether and in what circumstances it represents a Force Majeure event. However, even when disallowed, there may be grounds for claiming frustration of contract or impossibility of performance due to related events.

Yes many organisations are moving beyond mere compliance statements to real actions on the ground. Have a look at the website of QANTAS, ANZ Bank, and Marks & Spencer in UK as examples. I can share more on this topic at our Perth Member Meeting, including what the Mekong Club, STOP THE TRAFFIK, and the Bali Government Forum are also doing. In your part of the world of Western Australia, also check out what Twiggy Forrest is doing.

Thanks for the question and we will hear what others have to say. See you next Tuesday.

Will be exciting to see what others are doing. I found this overview from Lexology really useful to think about those issues :
www.lexology.com/library/detail.aspx

It also took me to the link on those who are meant to help prepare guidance (but not much there yet) :
www.homeaffairs.gov.au/help-and-support/how-to-engage-us/consultations/modern-slavery-reporting-requirement

Will be looking up the examples that Bruce has outlined in his post as well to see how some of the bigger companies ahead of the game are looking at it.

Things like these, whilst they can be lots of compliance, can be a good opportunity for procurement teams around the country to look at portfolios and make some early assessments of those contracts at risk !